India-US relations heading for freeze zone

To ensure diplomatic immunity for Devyani Khobragade and prevent her arrest, India has transferred her to its Permanent Mission to the UN in New York

Relations between Washington and New Delhi appeared to be deteriorating on Wednesday, with India keeping up the pressure on the US, asserting that Devyani Khobragade, the deputy consul general in New York who was arrested earlier this week on a visa fraud charge, was “trapped” in a “conspiracy”. India hinted that Khobragade’s domestic help, Sangeeta Richard, helped US law enforcement authorities in building their case against the diplomat, in return for US citizenship and safe passage for her husband and children.

To ensure diplomatic immunity for Khobragade and prevent her arrest (under the Vienna Convention, consular officials can be arrested if charged with ‘grave’ crime), India has transferred her to its Permanent Mission to the UN, also in New York. External Affairs Minister Salman Khurshid confirmed this to Business Standard. However, her move will still need the US State Department’s approval.

An overwhelmed Khobragade told Business Standard over the phone from New York that she was “really thankful for all the support... words can’t be enough to describe this. At this moment, I won’t be able to comment further”. She referred further queries to her attorney.

In an interview with The Times of India in Washington, US Assistant Secretary of State Nisha Desai-Biswal said: “This incident is an isolated episode, not indicative of the close and mutually respectful partnership between the two countries.”

Members of Parliament, cutting across party lines, voiced their collective outrage on Wednesday against the US’ high-handedness. In a statement, Khurshid said: “She is innocent...It is not the illegality that she (Khobragade) is accused of but the illegality she refused to oblige… It is my responsibility. We will bring back the diplomat and restore her dignity. If I fail to do so, I will not return to this House.”

Explaining, Khurshid said Khobragade had reported in June and July this year that her housekeeper had “disappeared” in the US. Later, the Indian authorities revoked Richard’s passport, cancelled her employment papers and filed a case against her at a Delhi police station.

“It is we (the Indian employers) who lodged the FIR that subsequently led to a non-bailable warrant. We informed the US authorities about the missing domestic help. Instead of arresting that lady, the US goes ahead and arrests our DCG... on what basis is the lady concerned (Richard) continuing to stay in the US?” he asked.

He said Khobragade was arrested, despite a stay order from the high court against initiating any proceedings against the diplomat.

Sources said the housekeeper’s husband, Philip Richard, and their two children had left India for New York on December 10, just two days before Khobragade’s arrest. He and the two children had obtained their passports on September 17.

Initially when her husband was informed that Sangeeta Richard was missing, he refused to file a missing person’s report. Later, he filed a case against the Khobragade family, only to withdraw it later.

There was another twist to the tale after Richard went missing. Khurshid told Parliament: “The Deputy Consul General (Khobragade) received a phone call from a lawyer who refused to identify himself and offered to settle the matter that would result in grant of permanent citizenship to her (the domestic help) and huge compensation. It became clear that this was a conspiracy and some people trapped her.”

Khurshid said no action was taken despite filing a complaint with the New York police. He added an FIR was registered in Delhi under Sections 420, 403, 408, 120-B IPC in the Fatehpur Beri police station. “It is no longer an issue of an individual. The sovereignty of a nation is involved.”

In a parallel move, the government is tweaking the policy governing India-based domestic assistants. Currently, they have a quasi government employee status. The plan is to make them contractual government employees.

Earlier, opening the discussion in Parliament, Leader of the Opposition in the Rajya Sabha Arun Jaitley had criticised the government for its foreign policy. “We conduct our foreign policy in a manner that we can be taken for granted. We should take this incident in its seriousness. We must ensure that necessary correctives are taken.” Jaitley asserted the arrest was in violation of the provisions of the Vienna Convention.

Bahujan Samaj Party chief Mayawati, denouncing the treatment meted out to the diplomat, alleged “it is a fact that the action is delayed because she is from a scheduled caste”. This Congress members rejected her charge, but the point was reiterated by DMK’s Kanimozhi, who said Khobragade was a role model for the SC community and her dignity needed to be restored at the earliest.

Speaking to reporters outside Parliament, Prime Minister Manmohan Singh termed the treatment meted out to Khobragade “deplorable”.

TRAFFIC CLOGS UP DIPLOMACY
Mystery on  barriers continues

* External Affairs Minister Salman Khurshid on Wednesday lauded the government’s “retaliatory action” of removing traffic barricades near the US embassy in New Delhi

* India is calling it a “reciprocal” and not a retaliatory move. Apparently, about a year ago, the US State Department had opened up the parking space meant for the Indian embassy in Washington to the public. Previously, this space was reserved for vehicles belonging to Indian diplomats

* The Indian embassy took up the matter with the US government, saying this would be at the cost to their security. The US promised to review the decision. India in the meantime, has also opened up the space previously reserved for US embassy vehicles to the public